1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff’s claim for indemnity against B (1) the Plaintiff entered into a credit guarantee agreement with B (hereinafter “non-party company”) for the purpose of manufacturing, selling, selling, and wholesale and retail business, and C, D, E, and F jointly and severally guaranteed the obligation of the credit guarantee agreement against the Plaintiff of the non-party company.

On March 27, 2009, the non-party company was unable to obtain a loan from a foreign exchange bank and an enterprise bank based on the letter of guarantee issued by the plaintiff, and the plaintiff subrogated to the above bank for the loan.

(2) On December 20, 2011, the Plaintiff filed a lawsuit against Non-Party Company C, the representative director C, and her husband F, with the Changwon District Court Decision 201Da24800, which rendered a favorable judgment on December 20, 201, that “The Defendant jointly and severally paid to the Plaintiff 470,165,129 won and 464,655,363 won among them, with 15% per annum from March 27, 2009 to October 18, 201, and 20% per annum from the next day to the day of full payment.”

B. C discontinued Nonparty Company on February 16, 2009, and the said Company was deemed dissolved on December 1, 2014.

C. Meanwhile, the Defendant’s purpose is medical device export and import business, etc., and the head office is “Song-si G Building Non-dong 2615”, and the representative director is H and was established around December 18, 2009. F was registered as an intra-company director at the time of establishment, and the intra-company director was resigned on May 23, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, and 8, the purport of the whole pleadings

2. The assertion and judgment

A. Since F, who was the actual manager of the non-party company asserted by the plaintiff, established the defendant for the purpose of evading the existing debt of the non-party company, the defendant is obligated to pay the plaintiff the old prize money and the delay damages therefor in accordance with the legal principles of abuse of legal personality or denial of legal personality.

(b) judgment (1) is made by an existing company to evade its obligations;